Strasbourg Observers

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  • Weichie

How the outcome can be good, but the reasoning sloppy

April 12, 2010

The judgment delivered on 1 April 2010 in the case of S.H. and others v. Austria concerned the use of donors for in vitro fertilization (IVF). The applicants, two couples, wished to have children, but medical reasons impeded both couples from having them the biological way. They had no choice but to rely on IVF […]

  • Weichie

Judge ≠ mathematician

April 12, 2010

Note: following a helpful comment, this post has been edited to correct a mistake on my behalf. In this blog entry I would like to focus on the Court’s interpretation of the concept ’statistically relevant’. In Oršuš and others v. Croatia, the Court held the following regarding the statistical evidence adduced by the applicants: “These […]

  • Weichie

ECtHR v. Belgium on detention of children: part II

April 12, 2010

On 10 January 2010 the European Court of Human Rights released its judgment in the case of Muskhadzhiyeva and others v. Belgium, a case concerning the detention of minor asylum seekers in a closed detention centre. The applicants in Muskhadzhiyeva and others were five Chechnyans: a mother and her four minor children. Following the dismissal […]

  • Saïla Ouald Chaib

Is a more inclusive wind blowing through the Court?

April 12, 2010

Recently the European Court of Human Rights issued an interesting judgment in a case concerning a Roma Marriage. (Muñoz Diaz v. Spain, 8 December 2009) Muñoz Diaz and M.D. married in 1971 according to Roma traditions. This marriage was recognized by the Roma community. When her husband died, Muñoz Diaz applied for a survivor’s pension, […]

  • Saïla Ouald Chaib

“What’s in a – Kurdish – name?”

April 12, 2010

One of the consequences of Kemal Attaturk’s reforms was that Kurdish people in Turkey were not able to speak their own language and consequently they were not able to carry own Kurdish names. Recently this changed. However, the Kurds still face problems with the registration of their names, as they are bound to the Turkish […]

  • Lourdes Peroni

Religion and the Public Space

April 12, 2010

Once more, the Court has been called to decide on a case concerning the public manifestation of beliefs through religious attire, this time in the open public square (Ahmet Arslan et Autres c. Turquie). The outcome is certainly positive. However, prospects for the wearing of religious garment inside public institutions are far from clear. The […]

  • Saïla Ouald Chaib

R.C. v. Sweden: the burden of proof in asylum cases

April 12, 2010

Sweden is recently convicted by the European Court of Human Rights in the CASE OF R.C v. SWEDEN concerning an Iranian asylum seeker. On 9 march 2010 the Court issued a judgment where it held by six votes to one that the deportation of the applicant to Iran would consist a violation of article 3 […]

  • Weichie

Strasbourg dances around the Cypriot question

April 12, 2010

Recently, the Strasbourg Court declared inadmissible a series of applications by Greek-Cypriot applicants claiming a violation of their property rights due to the continued occupation of the Northern part of Cyprus by Turkey. The eight admissibility cases were the first such applications to be examined by the Court following the pilot-judgment Xenides-Arestis v. Turkey (app. […]

  • Weichie

Some clarity in defamation case-law

April 12, 2010

On 11 February 2010, the European Court of Human Rights released an interesting judgment in an art. 10 defamation case, Fedchenko v. Russia (no. 2). The case concerned a conviction for defamation of Mr. Fedchenko, the editor of a regional newspaper, after an article had been published in his newspaper in which allegations of mismanagement […]

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